A.
The Department of Housing of the village is hereby
designated as the agency to administer and secure compliance with
the applicable housing standards of the code. Such agency is hereinafter
referred to as "the agency."
B.
The agency shall be under the direction and charge
of the Commissioner of Housing, who shall have as his representatives
such assistants and inspectors as may be necessary to carry out effectively
the powers and duties of the agency.
C.
All personnel of the agency shall be qualified and
appointed as prescribed by the Board of Trustees and shall be furnished
with appropriate official badges or identification cards.
D.
All personnel of the agency shall be free from personal
liability for acts done in good faith in the performance of their
official duties.
A.
The agency shall be charged with the duty of administering
the applicable housing standards of the code and securing compliance
therewith and shall be empowered to adopt rules and regulations necessary
for securing such compliance and for its own organization and internal
management, provided that such rules and regulations shall not be
in conflict with the applicable housing standards of the code.
B.
The agency shall be authorized to conduct surveys
of housing in any area of the village to determine the condition of
premises, extent of deterioration, lack of facilities, inadequate
maintenance, unsafe and unsanitary conditions, extent of overcrowding,
land use and other relevant factors.
C.
It shall be the duty of the Superintendent of Buildings:
(1)
To cause periodic inspections to be made of premises
within the scope of applicable housing standards.
(2)
To cause an investigation of all complaints of alleged
housing violations or other unsafe or unsanitary conditions.
(3)
To order in writing the remedying of all conditions
found to exist in or on any premises in violation of provisions of
the code or of rules and regulations adopted by the agency, to state
in the violation order a reasonable time limit for compliance therewith
and, where necessary, to order the vacating of premises found unfit
for human habitation.
(4)
To cause a search of the agency's records of housing
violations existing on any premises and to issue a certified statement
thereof upon receipt of written request and payment of any fees required
by local law or ordinance.
(5)
To study housing conditions in the village.
(6)
To cooperate with other municipal, governmental and
private agencies engaged in the study and improvement of housing conditions.
(7)
To make an annual report of housing conditions in
the village, accomplishments of the agency and recommendations for
the future.
D.
Where violations of the housing standards exist and
pose an immediate hazard or danger to the health, safety or welfare
of building occupants or of the public, the Superintendent of Buildings
may issue an order citing the violation and directing such action
by such other village agency as is necessary to remove or abate the
immediate hazard or danger.
A.
Inspectors shall be authorized and have the right,
in the performance of their duties, to enter any premises during normal
business hours and in emergencies whenever necessary to protect the
public interest.
B.
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the premises within their control
to authorized agency personnel acting in the performance of their
duties.
C.
All residential
units in multiple dwellings and mixed-use buildings, except those
owned in co-op or condo buildings, shall be inspected by the Village
at least once every two years, to insure that they are in compliance
with all applicable building, construction, zoning, safety and maintenance
codes. This inspection requirement shall not apply to hotels and specialized
senior housing facilities. The fee for such inspections shall be $150
per unit inspection except that, if a landlord owns more than five
residential units in the same building, the fee for each inspection
after the first five shall be $75. The amount of these fees may be
changed from time to time by subsequent resolution of the Board of
Trustees. Upon the effective date of the local law requiring such
inspections, the Superintendent of the Building Department shall establish
a schedule for such inspections such that all such inspections shall
initially be completed within six months after the effective date
of said local law.
[Added 2-19-2020 by L.L. No. 1-2020]
The agency shall keep records of all complaints
received, inspections made and violations found regarding premises
regulated by the code. Records shall be kept and shall be available
for public inspection.
[Amended 4-4-1984 by L.L. No. 8-1984]
A.
A violation order or summons for violation of the
provisions of this chapter may be served either personally, by delivering
to and leaving a copy thereof with the person to whom such order is
directed, or if the person to whom such order is directed cannot be
found within the Village of Great Neck Plaza, after diligent search
shall have been made for him, then such order may be served by posting
a copy thereof in a conspicuous place on the premises where such violation
is alleged to exist or to which said order may refer and also depositing
a copy thereof in a post office, branch post office or in a post office
box legally maintained by the government of the United States in Great
Neck, New York, enclosed in a sealed, postpaid wrapper, addressed
to said person at his last known place of residence or at such address
last filed by the owner or management agent in the most recent owner's
statement given to the village.
B.
A violation order or summons for violation of the
provisions of this chapter may be served by any officer or employee
of the village or by any other person designated or authorized by
the Board of Trustees of the Village of Great Neck Plaza.
A.
Every person who shall fail to comply with any provision
of this code shall be guilty of a violation of this code and shall
be subject to the penalties herein provided for.
B.
Every person who shall fail to comply with a violation
order issued by the agency within the time stated in said order shall
be guilty of a violation of this code and shall be subject to the
penalties herein provided for.
C.
Each day that a violation of this code is permitted
to exist shall constitute a separate violation of this code.
D.
Any person violating any provisions of this code shall
be liable to pay a penalty not to exceed $250 or imprisonment for
a period not exceeding 15 days, or both, for such violation.
[Amended 6-19-1996 by L.L. No. 4-1996]
A.
Whenever the Department of Housing determines that,
because of any violation of this code, any multiple dwelling, hotel
or specialized senior housing facilities or part thereof is dangerous
to human life and safety or detrimental to health, or whenever the
owner of any multiple dwelling has failed to comply with a violation
order, it may:
(1)
Cause the multiple dwelling, hotel or specialized
senior housing facilities to be repaired or otherwise improved so
as to temporarily and/or permanently correct such condition if such
condition creates imminent danger of personal injury; or
(2)
Order the owner or any person having responsibility
for the maintenance or supervision of the multiple dwelling, hotel
or specialized senior housing facilities to repair or otherwise improve
the multiple dwelling, hotel or specialized senior housing facilities
so as to temporarily and/or permanently correct such condition, which
order shall notify such person that, in the absence of such action,
the Department of Housing will temporarily and/or permanently correct
the condition. If no such person is available to receive the order,
then the Department of Housing may cause the multiple dwelling to
be repaired or otherwise improved so as to temporarily and/or permanently
correct such condition.
B.
An order given pursuant to the preceding Subsection A(2) shall identify the violations involved and the corrective action to be taken and shall fix a time for compliance. This order may be written or oral and may be given in person or by telephone.
C.
Any order not complied with within the stated time
for compliance may be executed by the Department of Housing.
D.
The Department of Housing shall be entitled to be
repaid by the owner for any costs incurred by it in connection with
repairs or improvements made by it pursuant to this Article.
A.
Owners of premises shall be responsible for compliance
with all of the housing standards and requirements set forth in this
code applicable to their premises and shall remain responsible therefor
regardless of the fact that this code may also place certain responsibilities
on operating agents and occupants and regardless of any agreements
between owners and operating agents or occupants as to which party
shall assume such responsibility.
B.
Owners of multiple dwellings, hotels or specialized
senior housing facilities shall be responsible for proper maintenance,
condition and operation of service facilities and for the filing of
all reports and statements required by the code.
[Amended 11-19-1997 by L.L. No. 8-1997]
C.
Owners of multiple dwellings, hotels and specialized
senior housing facilities shall, on or before the first day of October
of each year, file a written statement with the Department of Housing
of the village containing the address of each multiple dwelling, hotel
and specialized senior housing facility within the village owned by
them; the number of dwelling units contained therein; the number of
square feet of floor space in each dwelling unit; the name of the
tenant and/or owner of each unit (except for hotels); the name and
address of the owner thereof; and if there be an operating agent for
said multiple dwelling, hotel and specialized senior housing facility
other than the owner, the name and address of said agent. In addition,
said statement shall contain a telephone number at which the owner,
operating agent or other responsible representative of this owner
may be reached in the event of an emergency.
[Amended 12-7-1988 by L.L. No. 11-1988; 11-19-1997 by L.L. No. 8-1997]
[Amended 11-19-1997 by L.L. No. 8-1997]
Occupants of dwelling units in multiple dwellings,
one-family dwellings and two-family dwellings shall be responsible
for compliance with the housing standards and requirements in regard
to the following:
A.
Limiting occupancy of that part of the premises which
he occupies or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he
occupies or controls in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration
fixtures and appliances, as well as other building equipment and storage
facilities in that part of the premises which he occupies or controls,
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into facilities provided
by the owner in a clean and sanitary manner.
